DW BUREAU / Chandigarh

Additional Solicitor General Satya Pal Jain has asserted that the notice to impeach Chief Justice of India Dipak Misra submitted on Friday by Indian National Congress and six other Opposition parties was to send a message to the judiciary that if it did not decide cases as per their wishes, they will indulge in character assassination of the judges.

In an interview to a news agency, the member of the Law Commission of India asserted that the backers of the so-called impeachment motion knew very well that they do not have the strength required to even move it in the Lok Sabha, what to talk of getting it passed. But still they have chosen to move it. He added that such a motion can be moved in the House of the People only by at least 100 members where the Congress has 44 MPs. ‘This is why they have moved it in Rajya Sabha where it requires endorsement of only 50 members.’ Allegations levelled against the Chief Justice, the former MP affirmed, do not amount to and were not even remotely akin to anything called as misconduct or misbehaviour of a Judge.

Mr Jain said that as per Article 124(4) of the Indian Constitution, the impeachment motion can be passed by both Houses of Parliament by at least 2/3rd of the members present and voting but not less than simple majority of both the Houses separately. He added that it cannot be imagined that the backers of the impeachment motion were unaware of this article and, therefore, their action of still moving it indicated their mindset of insulting, humiliating and intimidating the judiciary. He said that in this country, the Judicial Officers have delivered verdict as per their wisdom which may or may not be to the liking of all concerned but the nation has maintained respect and regard for the judiciary. ‘The Constitution expects Judges to perform their job and to do justice without fear or favour and without ill-will or affection. Unfortunately, it seems that the Congress Leaders have lost faith in this basic principle of Parliamentary Democracy and have started resorting to such tactics with a view to malign the judiciary.’ Mr Jain added that the recent act of submitting a notice of the so-called impeachment motion completed the circle of the Congress Party having lost faith in the functioning of the Indian Parliamentary democracy.

(editor@dailyworld.in)